40/55 Issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment - Report of the Special Rapporteur
Document Type: Final Report
Date: 2019 Jan
Session: 40th Regular Session (2019 Feb)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.19-00224(E)
Human Rights Council Fortieth session
25 February–22 March 2019
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment
Report of the Special Rapporteur
Summary
In the present report, the Special Rapporteur recalls that the right to a healthy
environment has been recognized by a majority of States in their constitutions, legislation,
and various regional treaties to which they are parties. However, in spite of the wide
recognition of its crucial importance, the right to a healthy environment has not yet been
recognized as such at the global level. The Special Rapporteur focuses on the right to
breathe clean air as one of its component and describes the negative impact of air pollution
on the enjoyment of many human rights, in particular the right to life and the right to
health, in particular by vulnerable groups. He highlights the different State obligations in
relation to the right to breathe clean air, which are both procedural and substantive, as well
as the specific obligation to protect people and groups in vulnerable situations. He
identifies several good practices implemented worldwide that have helped to improve air
quality. Finally, the Special Rapporteur offers a number of recommendations to States for
actions they should consider as part of a national air quality action plan and urges
businesses, in order to fulfil their responsibility in this regard, to contribute to and support
efforts to reduce air pollution.
United Nations A/HRC/40/55
I. Introduction
1. In its resolution 19/10, the Human Rights Council recognized that the human rights
obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment
required clarification. The Council appointed John H. Knox as Independent Expert to study
the obligations and to identify related best practices. The Independent Expert prepared two
reports for the Council, mapping the statements of human rights bodies on human rights
obligations relating to the environment (A/HRC/25/53) and describing more than 100 good
practices in fulfilling the obligations (A/HRC/28/61).
2. In its resolution 28/11, the Council extended the mandate of the mandate holder as
Special Rapporteur. Mr. Knox produced thematic reports addressing human rights
obligations related to climate change (A/HRC/31/52), biodiversity (A/HRC/34/49) and
children’s rights and the environment (A/HRC/37/58). In 2018, he presented to the Council
framework principles on human rights and the environment (A/HRC/37/59, annex), the
main human rights obligations relating to the enjoyment of a safe, clean, healthy and
sustainable environment.
3. In its resolution 37/8, the Council renewed the mandate for a further three years.
David R. Boyd was appointed as the new Special Rapporteur on 1 August 2018.
4. On 25 October 2018, Mr. Boyd presented his thematic report on the global
recognition of the right to a safe, clean, healthy and sustainable environment (A/73/188) to
the General Assembly, written jointly with Mr. Knox. He organized an expert consultation
on human rights and environmental challenges in New York on 22 and 23 October 2018, in
cooperation with SwedBio, Terre des hommes and the United Nations Environment
Programme (UNEP). The Special Rapporteur participated in the First Global Conference on
Air Pollution and Health, convened by the World Health Organization (WHO) in Geneva
from 30 October to 1 November 2018. From 7 to 18 December 2018, the Special
Rapporteur undertook a country visit to Fiji. A separate report will highlight his findings
and recommendations.
5. To prepare the present report, the Special Rapporteur organized a public
consultation with States, international organizations and other relevant stakeholders in
Geneva on 29 October 2018. He also held a consultation with civil society representatives
on 31 October 2018. These consultations complemented the call for inputs on air pollution
and human rights circulated to all Member States on 27 September 2018, as well as to civil
society organizations, private actors and academics.
6. In its resolution 37/8 the Council noted that more than 100 States had recognized
some form of a right to a healthy environment in, inter alia, international agreements, their
constitutions, legislation or policies. The Special Rapporteur would like to clarify the extent
to which States are clearly obligated to respect, protect and fulfil the right to a healthy
environment because of binding international treaties, constitutions and national
environmental legislation. All of the following information is current as of 1 December
2018.
7. The African Charter on Human and Peoples’ Rights of 1981 provides that “all
peoples shall have the right to a general satisfactory environment favourable to their
development” (art. 24). There are 53 States parties to the African Charter.
8. The 1988 Additional Protocol to the American Convention on Human Rights in the
Area of Economic, Social and Cultural Rights (Protocol of San Salvador) states that
“everyone shall have the right to live in a healthy environment” (art. 11 (1)). There are 16
States parties to the Protocol of San Salvador.
9. The Arab Charter on Human Rights of 2004 includes the right to a healthy
environment as part of the right to an adequate standard of living that ensures well-being
and a decent life (art. 38). There are 13 States parties to the Arab Charter.
10. The 1998 Convention on Access to Information, Public Participation in Decision-
making and Access to Justice in Environmental Matters (Aarhus Convention) refers to “the
right of every person of present and future generations to live in an environment adequate
to his or her health and well-being” (art. 1). There are 46 States parties to the Aarhus
Convention (plus the European Union).
11. In total, 124 States are parties to legally binding international treaties that explicitly
include the right to a healthy environment.1
12. In September 2018, the Regional Agreement on Access to Information, Public
Participation and Justice in Environmental Matters in Latin America and the Caribbean
(Escazú Agreement) opened for signature. The agreement requires that “each Party shall
guarantee the right of every person to live in a healthy environment” (art. 4). Sixteen States
have signed the Escazú Agreement, but it is not yet in force. The Human Rights Declaration
adopted by the 10 States in the Association of Southeast Asian Nations in 2012
incorporates the “right to a safe, clean and sustainable environment” as an element of the
right to an adequate standard of living (para. 28 (f)), but is not legally binding.
13. There are 100 States whose constitutions explicitly incorporate the right to a healthy
environment, using a variety of phrases used to describe this right. For example, the
Constitution of Costa Rica states: “All persons have the right to a healthy and ecologically
balanced environment” (art. 50). The Constitution of Fiji states: “Every person has the right
to a clean and healthy environment, which includes the right to have the natural world
protected for the benefit of present and future generations through legislative and other
measures” (art. 40 (1)).
14. There are at least 12 additional countries where courts have ruled that the right to a
healthy environment is an essential element of the right to life (e.g. India, Ireland, Nigeria
and Pakistan) and therefore is an enforceable, constitutionally protected right.2
15. There are more than 100 States where the right to a healthy environment is explicitly
incorporated in national environmental legislation.
16. In total, at least 155 States are legally obligated, through treaties, constitutions, and
legislation, to respect, protect, and fulfil the right to a healthy environment. This provides a
compelling basis for the United Nations to move expeditiously to provide global
recognition of the right to a healthy and sustainable environment, as recommended by both
the previous and current Special Rapporteurs on human rights and the environment.
1 The total number of parties to the African Charter, the Aarhus Convention, the Protocol of San Salvador and the Arab Charter is 128. (The United Kingdom of Great Britain and Northern Ireland
has made a reservation to the Aarhus Convention; the State of Palestine has the status of “non-
member observer State” at the United Nations; and Algeria and Libya are parties to both the Arab
Charter and the African Charter, bringing the total to 124.)
2 D.R. Boyd, “The implicit constitutional right to a healthy environment”, Review of European Community and International Environmental Law, vol. 20, No. 2 (July 2011) pp. 171–179.
Right to a healthy environment
States in grey recognize the right to a heathy environment in their constitutions, legislation, as
parties to a regional treaty, or a combination of these instruments.
The boundaries and names shown and the designations used on this map do not imply official
endorsement or acceptance by the United Nations. Dotted line represents approximately the Line of
Control in Jammu and Kashmir agreed upon by India and Pakistan. The final status of Jammu and
Kashmir has not yet been agreed upon by the parties. The final boundary between the Republic of the
Sudan and the Republic of South Sudan has not yet been determined.
Right to breathe clean air
17. The remainder of the present report examines the human rights obligations relating
to the right to breathe clean air, which is one of the vital elements of the right to a healthy
and sustainable environment, along with access to clean water and adequate sanitation,
healthy and sustainable food, a safe climate, and healthy biodiversity and ecosystems. The
report draws on information provided in more than 30 submissions received in response to
a call for inputs from States, civil society organizations, private actors and academic as well
as statements and reports by international organizations, human rights treaty bodies, special
procedures and other sources.
II. Adverse impacts of poor air quality
A. Ambient and household air pollution
18. Air quality is degraded by both ambient and household air pollution. Ambient air
pollution is caused by electricity generation (from burning fossil fuels or biomass),
industrial processes (e.g. oil refining, brick and cement manufacturing), mining, agricultural
practices (e.g. burning crop residues or to clear land), poor waste management (e.g. open
burning of garbage) and transportation (land, water, air). Civil society organizations raised
concerns about open burning of waste in Lebanon, bauxite mining in Guinea and coal
mining in Mozambique. Small-scale businesses in the informal economy can cumulatively
produce large volumes of air pollution. Natural factors, such as wildfires and dust storms,
also can contribute to ambient air pollution. Household air pollution is generated by the use
of solid fuels (e.g. wood, dung, crop residues, coal) for cooking and heating within the
home, as well as by burning kerosene for lighting.
19. The primary sources of air pollution vary between and within States. The relative
importance of ambient and household air pollution varies depending on the level of wealth
and availability of resources. There are significant interactions between the two categories
of air pollution, as burning solid fuels indoors pollutes outdoor air. For example, in India,
more than 25 per cent of ambient air pollution is from household sources.3 The adverse
health effects of air pollution are highest in low- and middle-income countries where
exposures to both ambient and household air pollution are high.
20. Thousands of chemicals can have negative impacts on air quality. The substances
that have been the primary focus of abatement efforts to date because of their known
adverse health effects are particulate matter (PM), sulphur dioxide, nitrogen oxides, carbon
monoxide, ozone and lead. Among the many other air pollutants of concern are benzene,
polycyclic aromatic hydrocarbons, dioxins and furans, and mercury.
21. A group of pollutants that must be targeted with great urgency because of their
substantial negative impacts on climate change and air quality are called short-lived climate
pollutants and include black carbon, methane and tropospheric ozone.
22. Fulfilling the right to breathe clean air will require action at the household, local,
national, regional and international levels. In some States, a significant portion of ambient
air pollution is transboundary, meaning the source originates in another country or countries.
Prominent examples include sand dust from the Sahara and Gobi deserts, haze from
agricultural burning in South-East Asia and forest fires.
B. Impacts on human health
23. Exposure to air pollution causes a wide range of health effects including respiratory
illness and infections, heart disease, stroke, lung cancer and negative birth outcomes (e.g.
pre-term birth and low birth weight). A growing body of evidence links air pollution to
other health problems including cataracts, ear infections, the onset of asthma in children,
chronic deficits in lung function, stunting, diabetes, childhood obesity, developmental
delays, reduced intelligence and neurological disorders afflicting both children and adults.4
24. Fine particulate air pollution is the single largest environmental risk to health
worldwide. Consisting of tiny particles that are breathed into the lungs and then pass into
the bloodstream, fine particulate matter contains a toxic mixture of soot, black carbon,
sulphates, nitrates and heavy metals, varying from place to place depending on the sources.5
25. More than 90 per cent of the world’s population lives in regions that exceed WHO
guidelines for healthy ambient air quality, specifically with respect to fine particulate matter,
or PM2.5. In other words, over 6 billion people − including 2 billion children − are breathing
air that has adverse consequences for their health and well-being.6
26. Together, ambient and household air pollution contribute to 7 million premature
deaths annually, including the deaths of approximately 600,000 children.7 This staggering
death toll includes more than 2 million people in South and South-East Asia, more than 2
million people in the Western Pacific region (including China), almost 1 million people in
Africa, more than half a million in Europe, almost half a million in the Eastern
Mediterranean and more than 300,000 in the Americas. Emerging evidence about air
3 World Health Organization (WHO), Burning Opportunity: Clean Household Energy for Health, Sustainable Development, and Wellbeing of Women and Children (Geneva, 2016).
4 WHO, Inheriting a Sustainable World? Atlas on Children’s Health and the Environment (2017). 5 WHO, “Ambient (outdoor) air quality and health”, fact sheet, May 2018. 6 WHO, Air Pollution and Child Health: Prescribing Clean Air, advance copy, 2018. 7 WHO, “Burden of disease from the joint effects of household and ambient air pollution for 2016”,
May 2018.
pollution and health indicates these may be underestimates.8 Dependence on solid fuels,
kerosene and polluting cookstoves causes more premature deaths than HIV/AIDS, malaria
and tuberculosis combined.9
27. In addition, poor air quality inflicts extensive harm on workers every year, an issue
that was covered in depth in a recent report by the Special Rapporteur on the implications
for human rights of the environmentally sound management and disposal of hazardous
substances and wastes (A/HRC/39/48 and Corr.1), and thus will not be further covered in
the present report.
28. Hundreds of millions of people suffer from illnesses caused by poor air quality.
Non-communicable diseases such as stroke, heart disease, chronic obstructive pulmonary
disease and cancer have surpassed infectious diseases as the leading causes of death in the
world. Air pollution is one of the five leading risk factors for non-communicable diseases
globally.
29. Approximately 3 billion people continue to be exposed to household air pollution
caused by burning solid fuels for cooking and heating. This includes people in Africa,
South and South-East Asia and Latin America. Almost 1 billion people still rely on
kerosene lamps and other polluting devices to light their homes. In poorly ventilated
dwellings, levels of particulate matter can be more than 100 times acceptable levels.10 The
result is millions of preventable deaths caused by people breathing polluted air in the
supposed safety of their own homes.
30. A study published in 2016 by the World Bank estimated that the global costs of air
pollution exceed $5 trillion per year. 11 Unless effective solutions are implemented
immediately, the shocking statistics in the present report could grow even worse, as
mortality caused by air pollution could increase by 50−100 per cent by 2050.12
C. Impacts on vulnerable populations
31. Air pollution affects everyone, causing widespread violations of the right to breathe
clean air. Yet the burden of related disease has a disproportionate impact on certain
vulnerable populations. Among the most severely harmed are women, children, the elderly,
minorities, indigenous peoples and members of traditional communities, people living in
poverty, people with pre-existing health conditions such as respiratory conditions or heart
disease and people who fall into several of these categories.
32. Women can be vulnerable to air pollution in particular situations. In States where
household air pollution is prevalent, women suffer the highest levels of exposure because of
their primary role in cooking. Women and girls often spend many hours each week
gathering fuel for cooking and heating, which deprives them of educational and economic
opportunities and raises the risks of injury and violence.13
33. Children are uniquely vulnerable to the adverse impacts of poor air quality due to
physiological, behavioural and environmental factors.14 Their developing brains and bodies
are exquisitely sensitive to toxic substances and they have longer life expectancy, so that
8 R. Burnett and others, “Global estimates of mortality associated with long-term exposure to outdoor fine particulate matter”, Proceedings of the National Academy of Sciences, vol. 115, No. 38 (18
September 2018), pp. 9592–597.
9 World Bank, The State of the Global Clean and Improved Cooking Sector, Energy Sector Management Assistance Program Technical Report 007/15 (Washington, D.C., 2015).
10 WHO, Burning Opportunity. 11 World Bank and Institute for Health Metrics and Evaluation, The Cost of Air Pollution: Strengthening
the Economic Case for Action (Washington, D.C., 2016).
12 Organization for Economic Cooperation and Development, OECD Environmental Outlook to 2050: The Consequences of Inaction (Paris, 2012), pp. 275–278.
13 WHO, Burning Opportunity. 14 United Nations Children’s Fund (UNICEF), Clear the Air for Children: The Impact of Air Pollution
on Children (New York, 2016); WHO, Don’t Pollute My Future! The Impact of the Environment on
Children’s Health (2017).
childhood exposure can have lifelong health consequences. Air pollution is the leading risk
factor for acute lower respiratory tract infections (e.g. pneumonia) in children under 5.15
34. The elderly in low- and middle-income countries are hit hard by air pollution. Of the
total number of healthy years of life lost (disability adjusted life years, or DALY) due to air
pollution, one quarter are lost by those over 70 years old. This problem is worsening as the
global population ages.
35. Air pollution disproportionately harms poor people and poor communities. The
overwhelming majority of illnesses and premature deaths caused by air pollution affect
people in low- and middle-income countries. Poverty forces people to use polluting fuels
and devices for cooking. Major sources of ambient air pollution, including power plants,
factories, incinerators and busy roads, are often located in poor communities. Air pollution
plagues low-quality housing, informal or temporary settlements and refugee camps. Poverty
also exacerbates the impacts of air pollution through lack of access to information, health
care and other resources.
36. As well as environmental injustices within nations, there are widening disparities in
air quality between nations. Since 1990, wealthy, less-polluted countries (e.g. Japan, the
United States of America and members of the European Union) have seen improvements in
air quality while air quality has worsened in some heavily polluted countries (e.g.
Bangladesh, India and Pakistan). A recent study estimated that 22 per cent of premature
deaths caused by air pollution were linked to international trade, i.e. production of goods
destined for export from low- and middle-income nations to wealthy nations.16 For example,
air pollution caused by producing goods for consumption in Western Europe and the United
States is linked to over 100,000 premature deaths annually in China.
D. Impacts on agriculture, biodiversity and ecosystems
37. Some air pollutants have damaging impacts on agricultural productivity. It is
estimated that 79−121 million tonnes of crops are lost annually due to ground-level ozone,
leading to potential violations of the right to food.17
38. Air pollution has negative impacts on biological diversity and ecosystems. Various
air pollutants cause or contribute to acidification of lakes, eutrophication of estuaries and
coastal waters and mercury bioaccumulation in aquatic food webs. Terrestrial ecosystems
are also damaged by air pollutants, including forests, grasslands and soils. For example,
acid rain damages forests. Exposure to ozone lowers the rate of photosynthesis in many
plants. Wildlife, from birds to amphibians, also are harmed by air pollution.
E. Relationship between air pollution and climate change
39. Greenhouse gas emissions are also a form of air pollution. As the previous mandate
holder explained, States have obligations under human rights law to reduce their emissions
of greenhouse gases and take steps to adapt to climate change (A/HRC/31/52). States are
falling far short of the goals they need to meet to avoid catastrophic consequences.18
40. To a significant extent, many of the same activities that harm air quality also
contribute to climate change (A/HRC/32/23, para. 14). This includes combustion in the
electricity, industrial, transportation and waste sectors, livestock production and the use of
solid fuels for cooking and heating.
15 WHO, Air Pollution and Child Health. 16 Q. Zhang and others, “Transboundary health impacts of transported global air pollution and
international trade”, Nature, vol. 543, No. 7647 (30 March 2017), pp. 705–709.
17 F. Sun, D. Yun and X. Yu, “Air pollution, food production and food security: a review from the perspective of food system”, Journal of Integrative Agriculture, vol. 16., No. 12 (December 2017), pp.
2945–2962.
18 United Nations Environment Programme (UNEP), Emissions Gap Report 2018 (Nairobi, 2018).
41. Black carbon is formed by incomplete combustion of fossil fuels, biofuels and
biomass. It is a significant source of particulate matter and also contributes to climate
change. In addition, when deposited on snow and ice (e.g. snowfields and glaciers), black
carbon accelerates melting, contributing to natural disasters and water insecurity. This is a
significant problem in mountain regions, such as the Andes and the Himalayas.
42. The overlap between air pollution and climate change has a silver lining. Well-
designed laws, standards, policies and programmes can simultaneously reduce the
emissions contributing to air pollution and climate change, producing a double dividend.19
Improving air quality produces largely short-term and local benefits, whereas the positive
effects of climate mitigation are long-term and global. Overall, the economic benefits are
substantially larger than the costs of reducing emissions.20 However, in some countries lack
of capacity, inadequate human and financial resources, poor governance and weak rule of
law are obstacles to implementing known solutions.
43. It is imperative that air quality solutions be implemented in systemic fashion,
integrated with climate policy and the Sustainable Development Goals. For example,
mistakes were made in earlier efforts to address climate change without adequately
considering air quality. In a number of European countries, economic incentives
encouraged the purchase of diesel vehicles in an effort to reduce carbon dioxide emissions.
However, the climate mitigation benefits were outweighed by an increase in nitrogen
oxides and particulate matter, resulting in an increase in premature deaths and preventable
illnesses.21
III. Effects of air pollution on the enjoyment of human rights
44. Poor air quality has implications for a wide range of human rights, including the
rights to life, health, water, food, housing and an adequate standard of living. Air pollution
also clearly violates the right to a healthy and sustainable environment. While the General
Assembly has adopted numerous resolutions on the right to clean water, it has never
adopted a resolution on the right to clean air. Surely if there is a human right to clean water,
there must be a human right to clean air. Both are essential to life, health, dignity and well-
being. The United Nations High Commissioner for Human Rights stated at the First Global
Conference on Air Pollution and Health, held in 2018, that “there can be no doubt that all
human beings are entitled to breathe clean air”.
45. Obligations related to clean air are implicit in a number of international human
rights instruments, including the Universal Declaration of Human Rights (right to adequate
standard of living), the International Covenant on Civil and Political Rights (right to life)
and the International Covenant on Economic, Social, and Cultural Rights (right to health).
Damage to crops inflicted by air pollution threatens the right to food, while contamination
of aquatic ecosystems by airborne contaminants (e.g. mercury) jeopardizes both the right to
food and the right to water.
46. In 2000, the Committee on Economic, Social and Cultural Rights called on States to
formulate national policies with the objective of reducing and eliminating air pollution.22
The High Commissioner for Human Rights (A/HRC/19/34 and Corr.1) and the Human
Rights Council (resolution 35/24) have stressed the importance of addressing air pollution.
The impacts of air pollution on human rights have been acknowledged repeatedly as part of
19 V. Ramanathan and others, Well Under 2 Degrees Celsius: Fast Action Policies to Protect People and the Planet from Extreme Climate Change, report of the Committee to Prevent Extreme Climate
Change (2017).
20 D. Shindell and others, “Quantified, localized health benefits of accelerated carbon dioxide emissions
reductions”, Nature Climate Change, vol. 8, No. 4 (April 2018), pp. 291–295.
21 E. Mazzi and H. Dowlatabadi, “Air quality impacts of climate mitigation: UK policy and passenger vehicle choice”, Environmental Science and Technology, vol. 41, No. 2 (15 January 2007), pp. 387–
392.
22 General comment No. 14 (2000) on the right to the highest attainable standard of health.
the universal periodic review process.23 The New Urban Agenda developed at the United
Nations Conference on Housing and Sustainable Urban Development (Habitat III) and
endorsed by the General Assembly (resolution 71/256, annex) contains extensive references
to the interrelated imperatives of respecting human rights and improving both ambient and
household air quality.
47. Special procedures of the Human Rights Council have urged States to tackle the
scourge of air pollution. In a report on children’s rights and the environment
(A/HRC/37/58), the mandate holder emphasized the need to reduce the catastrophic health
impacts of air pollution. In 2016, the Special Rapporteur on the implications for human
rights of the environmentally sound management and disposal of hazardous substances and
wastes decried the “silent pandemic” of disease associated with childhood exposure to toxic
substances, including air pollution (A/HRC/33/41). In 2018, the Independent Expert on the
enjoyment of all human rights by older persons called upon States to reduce air pollution
because it “disproportionately affects the health of older persons” (A/HRC/39/50). Special
rapporteurs have also produced country reports highlighting the importance of tackling air
pollution (A/HRC/30/40/Add.1 and Corr.1, A/HRC/37/58/Add.2).
48. Human rights are a vital element of the Sustainable Development Goals and
improving air quality is essential to achieving several targets within the Goals, including
target 3.9 on reducing deaths and illnesses from pollution; targets 7.1 on universal access to
modern energy services and 7.2 on increasing the use of renewable energy; target 11.6 on
reducing the per capita environmental impact of cities; and target 12.4 on environmentally
sound management of chemicals and wastes.
49. Improving air quality would also benefit human rights related to other Sustainable
Development Goals, including Goal 1 on no poverty; Goal 5 on gender equality; Goal 6 on
clean water and sanitation; Goal 9 on industry, innovation and infrastructure; Goal 10 on
reduced inequalities; and Goal 13 on climate action.
50. Approaching air quality from a human rights perspective highlights the principles of
universality and non-discrimination, under which human rights are guaranteed for all
persons, including persons living in vulnerable situations. A human rights perspective can
also serve as a catalyst for accelerated action to achieve clean air, empower those working
to improve air quality and serve as a North Star or Southern Cross to guide our actions as
we navigate towards a healthy and sustainable future.
A. Right to life
51. The right to life is universally recognized in human rights law. The Human Rights
Committee, in 2018, stated: “Environmental degradation, climate change and unsustainable
development constitute some of the most pressing and serious threats to the ability of
present and future generations to enjoy the right to life.”24
52. As noted earlier, air pollution causes 7 million premature deaths annually, including
the deaths of more than 600,000 children. These staggering and almost incomprehensible
statistics represent an egregious violation of the right to life.
B. Right to health
53. The Universal Declaration of Human Rights includes health as part of the right to an
adequate standard of living (art. 25). The International Covenant on Economic, Social and
Cultural Rights enshrines the right to health and provides that the steps to be taken by
States to achieve the full realization of that right “shall include those necessary for ... the
improvement of all aspects of environmental and industrial hygiene” (art. 12). The
23 See, for example, Kuwait (A/HRC/29/17, para. 157.257) and the former Yugoslavian Republic of Macedonia (A/HRC/26/10, para. 101.104).
24 General comment No. 36 (2018) on the right to life, para. 62.
Committee on Economic, Social and Cultural Rights determined that the right to health
extends to the “underlying determinants of health”, including safe drinking water, adequate
sanitation, safe food, adequate housing and healthy working and environmental
conditions.25 The Committee has also encouraged individual States to increase their efforts
to reduce air pollution in order to protect human rights.26
54. The number of people whose right to health is violated by air pollution is in the
billions. Again, 90 per cent of all people live in places where the air quality fails to meet the
guidelines established by WHO.
C. Rights of the child
55. The Convention on the Rights of the Child, in describing the right to health,
explicitly requires that States act in the best interests of the child and consider “the dangers
and risks of environmental pollution” (art. 24 (2) (c)). This led WHO to conclude that
“children have a basic human right to breathe clean air in their homes, schools, and
communities”.27
56. The Committee on the Rights of the Child concluded that “States should take
measures to address the dangers and risks that local environmental pollution poses to
children’s health in all settings”.28 In several concluding observations, the Committee has
urged States to scale up and expedite actions to protect children from polluted air.29
IV. Human rights obligations relating to clean air
57. As the previous mandate holder made clear, States have obligations to protect the
enjoyment of human rights from environmental harm (A/HRC/25/53). The foreseeable
adverse effects of poor air quality on the enjoyment of human rights give rise to extensive
duties of States to take immediate actions to protect against those effects. In a joint
statement issued in 2017, a group of United Nations experts said “a threat like this can no
longer be ignored. States have a duty to prevent and control exposure to toxic air pollution
and to protect against its adverse effects on human rights.”30
58. The framework principles on human rights and the environment clarify the three
categories of State obligations: procedural, substantive, and special obligations towards
those in vulnerable situations. Therefore, the framework principles can be operationalized
in the context of air pollution in order to respect, protect and fulfil human rights.
59. The procedural obligations of States in relation to the right to breathe clean air
include duties related to promoting education and public awareness; providing access to
information; ensuring freedom of expression, association and assembly; facilitating public
participation in the assessment of proposed projects, policies and environmental decisions;
and ensuring affordable, timely access to remedies.
60. With respect to substantive obligations, States must not violate the right to breathe
clean air through their own actions; must protect the right from being violated by third
parties, especially businesses; and must establish, implement and enforce laws, policies and
programmes to fulfil the right. States also must avoid discrimination and retrogressive
measures.
25 General comment No. 14. 26 See E/C.12/MNG/CO/4, E/C.12/KWT/CO/2 and E/C.12/KAZ/CO/1. 27 WHO, “Air pollution and children’s health: a global health emergency”, background document
prepared for the First WHO Global Conference on Air Pollution and Health, Geneva, 2018.
28 General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 49.
29 See CRC/C/BRA/CO/2-4, CRC/C/PAK/CO/5 and CRC/C/GBR/CO/5. 30 “Toxic air pollution: UN rights experts urge tighter rules to combat ‘invisible threat’”, press release,
24 February 2017.
61. There are seven key steps that States must take in fulfilling the right to breathe clean
air: monitor air quality and impacts on human health; assess sources of air pollution; make
information publicly available, including public health advisories; establish air quality
legislation, regulations, standards and policies; develop air quality action plans at the local,
national and, if necessary, regional levels; implement an air quality action plan and enforce
the standards; and evaluate progress and, if necessary, strengthen the plan to ensure that the
standards are met.
62. At each of these stages, States must ensure that the public is fully informed and has
an opportunity to participate in decision-making processes. Extra effort should always be
made to reach out to women, children and others in vulnerable situations whose voices are
too often not heard in environmental policy processes. States must pay special attention to
environmental defenders working to protect the right to clean air.
A. Monitoring air quality and health effects
63. States must establish networks and programmes to monitor air quality and health
effects, particularly in urban areas and other regions known to suffer from poor air quality.
Direct monitoring data can be complemented by air quality observations from satellites and
outputs from computer models. Monitoring is a prerequisite to fulfilling a State’s obligation
to provide information to the public and is also essential to informed policy-making.
64. Most high-income countries operate extensive air quality monitoring networks
providing continuous, hourly measurements of pollution levels. However, these networks
are less common or provide less comprehensive coverage in low- and middle-income
countries where air quality is generally worse. Some countries, particularly in Africa, have
no air quality monitoring stations at all. Several States with severe air quality problems,
such as China and India, have made great strides in recent years in establishing hundreds
(India) and thousands (China) of new air quality monitoring stations.
65. New technologies offer the possibility of leapfrogging expensive air quality
monitoring stations. Stationary and dynamic networks of low-cost sensors are much less
expensive. Air pollution sensors can be deployed on cell phones, drones and vehicles by
Governments, citizens, communities and businesses. Networks of these devices, integrated
with satellite data and modelling, could complement regulatory monitoring and help
identify air pollution hotspots. However, questions regarding the reliability and consistency
of low-cost sensors need to be addressed by standards and protocols.
B. Assessing the sources of air pollution
66. Reducing the disease burden attributable to air pollution and fulfilling the right to
clean air require understanding the types of pollution and major contributing sources. This
is critical for identifying the highest priority and most cost-effective actions for controlling
emissions to protect public health, human rights and the environment. Source assessments
have been completed in many high-income nations, as well as in China and India, although
there is substantial uncertainty regarding emissions from the large informal sectors in these
economies.31 Modelling and forecasting inform estimates of exposure and health impacts,
provide a basis for air quality advisories and identify measures needed to control specific
emissions. Without adequate information, designing effective policies, programmes and
other interventions is impossible.
C. Public reporting on air quality
67. In addition to systematically collecting air quality information, States must share this
information in a timely, accessible way, educate the public about the health risks posed by
31 Health Effects Institute, State of Global Air 2018: A Special Report on Global Exposure to Air Pollution and its Disease Burden (Boston, 2018).
poor air quality and have systems in place to provide warnings when pollution poses an
acute health threat, particularly for vulnerable populations.
68. In its general recommendation 32/2018, the National Human Rights Commission of
Mexico described that country’s inadequate air quality monitoring system as a violation of
the public’s right to environmental information and a violation of the right to a healthy
environment.
D. Establishing air quality legislation, regulations and standards
69. States have an obligation to “establish and maintain substantive environmental
standards that are non-discriminatory, non-retrogressive and otherwise respect, protect and
fulfil human rights” (A/37/59, annex, framework principle 11). WHO has published
guidelines for ambient air quality as well as indoor air quality, which States should
incorporate as legally binding national standards.32 In recognition of the different national
contexts and capacities, WHO created interim guidelines for ambient particulate matter.
The focus of the indoor air quality guidelines is on shifting to cleaner fuels and
technologies for cooking, heating and lighting. These guidelines are under review because
new evidence indicates that there is no safe level of exposure for some air pollutants, such
as fine particles.
70. A global review of national air quality standards published in 2017 revealed that few
States have incorporated the WHO guidelines into their air quality standards.33 Not one
State has adopted all of the WHO air quality guidelines, and only seven have adopted the
most stringent WHO guideline for fine particulate matter. Incredibly, 80 States have no air
quality standards or guidelines at all. Even in the European Union, air quality standards fail
to meet the WHO guidelines. For example, the annual fine particulate limit is 2 1/2 times
higher than the WHO recommendation. In the absence of strong standards, it is likely
impossible to fulfil the right to breathe clean air.
71. Air quality standards should protect the most vulnerable members of society, in part
by applying the precautionary principle and using adequate margins of safety. National
standards must take into consideration the best interests of children.34 The complete absence
or weakness of national air quality standards in many States indicates a widespread failure
to fulfil this fundamental human rights obligation, with devastating impacts upon the health
of children around the world.
E. Air quality action plans
72. States must develop air quality action plans that identify the most important and
effective measures that can be implemented to improve air quality, particularly for
vulnerable populations.
73. Pursuant to principles of international human rights law, the right to breathe clean
air is subject to progressive realization, recognizing that in some low- and middle-income
States it cannot be immediately fulfilled. States have discretion to determine which air
quality policies and programmes are best suited to their particular circumstances. However,
they have obligations, to the maximum of their available resources (in some cases
supplemented with international assistance), to implement concrete and effective measures
to prevent increases in air pollution, improve air quality and fulfil the right to breathe clean
air. Some obligations, such as non-discrimination and non-regression, are of immediate
32 WHO, WHO Guidelines for Indoor Air Quality: Household Fuel Combustion (Geneva, 2014); and WHO Regional Office for Europe, Air Quality Guidelines: Global Update 2005: Particulate Matter,
Ozone, Nitrogen Dioxide and Sulfur Dioxide (Copenhagen, 2006).
33 M.K. Joss and others, 2017. “Time to harmonize national ambient air quality standards for global health equity”, International Journal of Public Health, vol. 62, No. 4 (May 2017), pp. 453–462.
34 Convention on the Rights of the Child, art. 3 (1).
effect. The principle of non-regression means States must not weaken air quality
regulations, standards or policies.
74. A comprehensive assessment of potential air quality actions in the Asia-Pacific
region identified 25 measures that could save millions of lives annually, reduce crop losses
by 45 per cent, fulfil the right to breathe clean air for a billion people by 2030 and provide
benefits for water, soil, forests and biodiversity. The measures include conventional actions
(e.g. standards for power plants, industry and vehicles), less common actions (e.g.
restrictions on burning agricultural waste and garbage and rules governing livestock manure)
and development actions with air quality co-benefits (e.g. clean cooking, energy efficiency
incentives and improved public transit). The annual costs of $300–$600 billion would be
offset by benefits for human health, food production, water security, environmental quality
and climate protection.35
75. As mentioned earlier, certain aspects of air pollution cannot be addressed effectively
without coordinated international action. Under international human rights law, States have
an obligation to cooperate in addressing environmental problems that cross national borders,
including transboundary air pollution.
F. Implementing and enforcing air quality rules
76. States must ensure the effective enforcement of their environmental standards
against public and private actors (ibid., framework principle 12). Environmental laws,
regulations and standards are useless if they are not implemented and enforced. Sufficient
human and financial resources must be allocated to government agencies responsible for
enforcing them.
77. States are obligated to ensure that people have access to remedies, through judicial
or similar processes, when their right to breathe clean air is being threatened or violated or
when other legal obligations related to air quality are not being fulfilled. In some States,
efforts to improve the environmental rule of law are needed to enable implementation and
enforcement.
G. Evaluating and revising air quality standards and plans
78. An essential element of efforts to improve air quality is to evaluate progress (or the
lack thereof) on a regular basis and revise air quality standards and plans accordingly. New
scientific evidence and public participation must also be incorporated into the review and
revision processes.
Business obligations related to air quality
79. Businesses are obliged to respect human rights in all aspects of their operations, yet
are a major source of air pollution. In terms of their potential impacts on air quality,
businesses should comply with the Guiding Principles on Business and Human Rights as
well as the Children’s Rights and Business Principles.
80. Regrettably, there are countless examples of businesses violating the right to breathe
clean air. For example, some Swiss businesses are selling extremely dirty diesel and
gasoline in West Africa (containing sulphur levels hundreds of times higher than European
law permits). 36 Some vehicle manufacturers acted fraudulently in selling millions of
vehicles equipped with “defeat devices” that enabled vehicles to pass emission tests but
produce illegal quantities of pollution under normal driving conditions. Businesses have
exported polluting facilities, outdated manufacturing equipment and used vehicles from
35 UNEP, Air Pollution in Asia and the Pacific: Science-Based Solutions (Bangkok, 2018). 36 Public Eye, Dirty Diesel: How Swiss Traders Flood Africa with Dirty Fuel (Lausanne, 2016).
high-income nations to low-income nations, where environmental and occupational
standards are lower or not vigorously enforced.37
H. Environmental human rights defenders
81. Across the world there has been a terrible increase in the number of people being
murdered, criminalized, harassed, sued or otherwise intimidated because of their
courageous efforts to protect the environment and human rights.38 Individuals working to
protect the right to breathe clean air are among the victims. One example is Phyllis Omido
of Kenya, who was subjected to death threats because she opposed a lead smelter operating
near her home. Gloria Capitan, a heroic woman from the Philippines, was killed because of
her opposition to the coal industry.
82. States must prioritize action to protect environmental human rights defenders,
ideally by establishing institutions and rules to address the root causes of violence and
harassment, celebrating and supporting defenders’ work instead of attacking it and ensuring
justice by holding perpetrators of violence accountable for their actions.39
V. Good practices
83. WHO observed in 2017 that “experiences and insights about good practices are not
widely accessible or used” in the area of air pollution. 40 Therefore, the present report
highlights a number of laws, policies, programmes and initiatives that have prevented or
alleviated human rights violations caused by air pollution.
84. Many States reported to the Special Rapporteur that they are making dedicated
efforts to improve air quality and protect their peoples’ right to live in a healthy and
sustainable environment. 41 Some are establishing or improving air quality monitoring
networks, including Azerbaijan, Bolivia (Plurinational State of), Jordan, Mali, Morocco and
Qatar. Bulgaria, Costa Rica, Croatia, Singapore and Slovakia are enacting increasingly
stringent regulations for industry, vehicles, fuels and other sectors. Improving air quality
within buildings is a priority for Bulgaria, Hungary, Montenegro and Poland. National
action plans to improve air quality are being developed or implemented in Bahrain,
Colombia, Ireland, Kuwait, Montenegro and Uruguay. Slovenia has a website dedicated to
air quality action. Colombia, Costa Rica and Uruguay are promoting renewable energy and
electric vehicles. Singapore created a vehicular emissions scheme that provides for
surcharges or rebates on new and imported vehicles based on their environmental impact.
Mali has an agency dedicated to rural electrification and adopted a law protecting human
rights defenders, including environmentalists.42
85. The United Nations has established various initiatives to address air pollution. The
Climate and Clean Air Coalition focuses on reducing short-lived climate pollutants. The
goals of the Sustainable Energy for All initiative are to achieve universal access to modern
energy services, double the global rate of improvement in energy efficiency and double the
share of renewable energy in the global energy mix. Other initiatives include BreatheLife,
37 A. Levinson and M.S. Taylor, “Unmasking the pollution haven effect”, International Economic Review, vol. 49, No. 1 (February 2008), pp. 223–254.
38 Global Witness, At What Cost? Irresponsible Business and the Murder of Land and Environmental Defenders in 2017 (London, 2018).
39 See Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration
on Human Rights Defenders); and Inter-American Court of Human Rights, Kawas Fernández v.
Honduras, Merits, Reparations and Costs, Judgment of 3 April 2009.
40 WHO, “Draft road map for an enhanced global response to the adverse health effects of air pollution”, document EB 138/17, p. 2, note 1.
41 The submissions made in response to the Special Rapporteur’s call for inputs are publicly available at www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/AirPollution.aspx.
42 Law No. 2018-003 of 12 January 2018 on human rights defenders.
the Urban Health Initiative (with pilot projects in Accra and Kathmandu) and the Global
Platform on Air Quality and Health.
A. Cleaner air: progress in reducing household air pollution
86. The proportion of households using solid fuels for cooking and heating has been
declining in Latin America, parts of Asia (including China, India and Indonesia), Europe
and the Eastern Mediterranean. This has contributed to a significant decline in premature
deaths from household air pollution.43 It is strong evidence of the preventable nature of this
problem, which can be effectively addressed by government policies and programmes,
market-oriented solutions and targeted development assistance. However, there has been
only modest progress in Africa.
87. There are many initiatives under way to accelerate the replacement of polluting fuels
and cooking/heating/lighting technologies with clean fuels and clean technologies.44 The
Clean Cooking Alliance is working towards an objective of having at least 100 million
homes adopt clean fuels and stoves by 2020. WHO has developed a Clean Household
Energy Solutions Toolkit and “guidelines for indoor air quality: household fuel
combustion” that clarify what is considered “clean”. Cooking for Life, a project developed
by the World LPG Association and the United Nations, aims to transition households from
using polluting fuels to liquefied petroleum gas (LPG) for cooking.
88. Pradhan Mantra Ujjwala Yojana is an Indian government programme started in 2016
that targets women living in poverty. Funds are provided directly to women to purchase
LPG stoves, connections and fuel. More than 50 million new LPG connections have already
been made. 45 The goal is to have LPG in 95 per cent of households by 2022. This
programme has a positive impact on the lives of millions of women, girls and households
living in poverty by providing them with access to safe, affordable cooking technologies
and fuels and reducing time previously spent gathering fuels. However, many households
with LPG connections continue to use solid fuels sometimes for cooking (for economic and
cultural reasons).46
89. Indonesia implemented a successful “Zero Kero Programme”, launched in 2007, to
convert households from kerosene to LPG. 47 Kerosene is less efficient than LPG and
produces more household air pollution. Over 57 million free LPG starter packages
(including a one-burner stove, hose, regulator and a filled 3-kilogram cylinder) were
distributed to households and micro-businesses. Total household kerosene use in Indonesia
dropped 92 per cent between 2006 and 2015, while per capita LPG use quintupled.
Although household air quality improved, some households practise fuel stacking (i.e. the
side-by-side use of different fuels and stoves). The programme resulted in net savings in the
billions of dollars for the Government by replacing kerosene subsidies with smaller LPG
subsidies (taking into account the cost of the starter packages). The programme also
reduced overall greenhouse gas emissions from cooking. A post-implementation survey
showed that 99.8 per cent of the households preferred using LPG to kerosene, citing its
greater efficiency, speed of cooking and cleanliness.48
90. The national efficient cooking programme of Ecuador removes LPG subsidies
(previously costing $700 million per year) and helps households switch to induction
43 Health Effects Institute, State of Global Air 2018. 44 A. Quinn and others, “An analysis of efforts to scale up clean household energy for cooking around
the world”, Energy for Sustainable Development, vol. 46 (October 2018), pp. 1−10.
45 See www.pmujjwalayojana.com.
46 A. Kar and H. Zerriffi, “From cookstove acquisition to cooking transition: framing the behavioural
aspects of cookstove interventions”, Energy Research and Social Science, vol. 42 (August 2018), pp.
23−33.
47 K. Thoday and others, “The mega conversion program from kerosene to LPG in Indonesia: lessons
learned and recommendations for future clean cooking energy expansion”, Energy for Sustainable
Development, vol. 46 (December 2018), pp. 71−81.
48 World LPG Association, Kerosene to LPG conversion programme in Indonesia, 2018.
cooktops and renewable electricity. The programme aims to replace LPG-based cooktops
and water heating systems with electric systems for 3 million families. Families will save
time cooking, and the programme will reduce greenhouse gas emissions.49
91. The International Energy Agency estimated that annual investments of $4.7 billion
could achieve universal access to clean cooking by 2030. 50 This relatively modest
investment would produce tremendous returns: millions of premature deaths avoided each
year, improved health, better quality of life, expanded economic opportunities, reduced
deforestation and decreased greenhouse gas emissions.
B. Cleaner air: progress in reducing ambient air pollution
92. There is compelling evidence that enacting and enforcing strong air quality
regulations saves lives and prevents illnesses. Since the Clean Air Act was enacted in 1970,
the economy of the United States of America has grown by 262 per cent (measured by
increased gross domestic product) while achieving average reductions of 73 per cent for six
main air pollutants. Full implementation of the Clean Air Act will prevent 230,000
premature deaths per year by 2020. Its costs are measured in billions of dollars, while the
benefits are in the trillions.51 Reduced air pollution in California resulted in significant
improvements in children’s lung function.52
93. Air quality in China is improving as a result of strong laws, policies and actions.
China strengthened its Law on the Prevention and Control of Atmospheric Pollution
Control and invested hundreds of billions of dollars to improve air quality. The
Government is implementing a “three-year plan on defending the blue sky”, with specific
targets for reducing air pollution by 2020. Levels of particulate matter in 74 cities decreased
by 33 per cent in five years.53 China also achieved substantial reductions in nitrogen oxides
and sulphur dioxide. Cleaner air is linked to significant declines in infant mortality.54
94. Shenzhen, in southern China, has grown from a town of 30,000 in 1980 to a
megalopolis of 12 million, but managed to maintain 45 per cent of the metropolitan area as
green space. Shenzhen converted its entire municipal bus fleet − more than 16,000 buses −
to fully electric, making a significant contribution to improving urban air quality.
95. Several States explicitly recognize the right to breathe clean air. Examples include
the Philippines Clean Air Act, the Environmental Code of France and the General Law on
the Environment and Natural Resources 2000 of the Dominican Republic. The right to
breathe clean air is also recognized at the subnational level in some countries, including the
state constitutions of Pennsylvania and Massachusetts in the United States. 55 In other
countries, including India and Pakistan, courts have clarified that the right to breathe clean
air is constitutionally protected because it is an integral component of the rights to life and
health. The National Strategy for Air Quality Management of Lebanon states: “Every
citizen has the right to enjoy clean air.”
49 See https://unfccc.int/climate-action/momentum-for-change/activity-database/efficient-cooking- program-ecp.
50 World Bank, The State of the Global Clean and Improved Cooking Sector, p. 8.
51 United States Environmental Protection Agency, The Benefits and Costs of the Clean Air Act from 1990 to 2020 (2011).
52 W.J. Gauderman and others, “Association of improved air quality with lung development in children”, New England Journal of Medicine, vol. 372, No. 10 (5 March 2015), pp. 905–913.
53 J. Huang and others, “Health impact of China’s Air Pollution Prevention and Control Action Plan: an analysis of national air quality monitoring and mortality data”, Lancet Planetary Health, vol. 2, No. 7
(July 2018), pp. e313−323.
54 S. Tanaka, “Environmental regulations on air pollution in China and their impact on infant mortality”, Journal of Health Economics, vol. 42 (July 2015), pp. 90−103.
55 Constitution of the State of Pennsylvania: art. 27: “The people have a right to clean air ….”
96. In Europe, a series of legal developments has established that European citizens
have an enforceable right to breathe clean air.56 In 2008, the European Union amended its
rules governing air quality. 57 Many States are not in compliance with the new rules.
Successful lawsuits based on violations of air quality standards have been brought by civil
society organizations including ClientEarth in the United Kingdom of Great Britain and
Northern Ireland, Friends of the Earth in France, Deutsche Umwelthilfe in Germany and
others in Austria, Czechia and Poland.58
97. In its latest report, the Intergovernmental Panel on Climate Change calls for a two-
thirds reduction in coal power generation in 2030 and a near-total elimination by 2050.59 A
growing number of States have eliminated the use of coal to generate electricity, are
phasing out coal or are committed to never using coal for electricity generation. Canada and
the United Kingdom created the Powering Past Coal Alliance in 2017 and have been joined
by more than 25 States pledging to end coal use by 2030. China and India have closed coal-
fired electricity plants located in proximity to large cities. The number of proposed coal-
fired power plants has fallen dramatically since 2015 and new construction is almost offset
by the retirement of existing coal plants.60
98. Two initiatives that have dramatically improved air quality in many countries are the
phase-out of leaded gasoline and major reductions in the sulphur content of transport fuels.
These actions have produced enormous health, environmental and economic benefits,
valued in the trillions of dollars.61
99. Curitiba, a large Brazilian city, has built an extensive rapid bus system. In 2013, a
plan to add 300 kilometres of bicycle paths was launched. These transport initiatives have
contributed to making life expectancy in Curitiba two years longer than the national
average and to relatively low infant mortality.62 Estonia piloted free public transit in its
capital in 2013 and recently extended the system across the whole country. There are
approximately 100 public transit systems in the world, from Dunkirk, France, to Changning,
China, offering free fare programmes.
100. A growing number of countries (e.g. China, Germany, India and the United
Kingdom) have pledged to phase out the sale of internal combustion vehicles by dates
ranging from 2030 to 2040.63
101. Norway has achieved a remarkably high proportion of electric vehicle sales through
a variety of incentives and disincentives. The most recent data indicate that 60 per cent of
new vehicle sales in Norway are fully electric or gas/electric hybrids, compared with 1 per
cent in the United States and 2 per cent in China. Throughout the European Union, States
impose vehicle registration taxes and fuel taxes intended to encourage the purchase of clean
vehicles and discourage the purchase of more polluting models.
102. In California, rules prohibit siting new schools within 500 feet (150 metres) of busy
roads, in response to scientific evidence about the adverse health effects of traffic-related
air pollution on developing lungs, brains and other organs.
103. Shipping is a major source of air pollution. The International Maritime Organization
recently established a strict new limit for the sulphur content of fuel used in shipping. This
change will prevent an estimated 570,000 premature deaths between 2020 and 2025.64
56 A. Andrews, The Clean Air Handbook: A Practical Guide to EU Air Quality Law (London, ClientEarth, 2015).
57 Directive 2008/50/EC on ambient air quality and cleaner air for Europe.
58 See www.right-to-clean-air.eu/en/. 59 Intergovernmental Panel on Climate Change, Special Report: Global Warming of 1.5o C (2018). 60 See www.endcoal.org. 61 E. Gould, “Childhood lead poisoning: conservative estimates of the social and economic benefits of
lead hazard control”, Environmental Health Perspectives, vol. 117, No. 7 (July 2009), pp. 1162–1167.
62 WHO, Inheriting a Sustainable World? 63 Center for Climate Protection, Actions by countries to phase out internal combustion engines, 2018.
104. Many economists support putting fees or taxes on air emissions, thus implementing
the polluter pays principle. A challenge is to ensure that the price on air emissions is high
enough to produce substantial reductions, as affected businesses will raise competitiveness
concerns. Another challenge is that different pollutants have different health and
environmental impacts, so prices should be higher on emissions of more harmful substances.
105. Good examples include a tax in Chile on stationary sources of air pollution that is
higher for facilities located in more densely populated areas and the national pollution tax
in France that imposes higher taxes on more harmful air pollutants.
106. The Economic Commission for Europe Convention on Long-range Transboundary
Air Pollution is an excellent example of regional cooperation. The Convention was signed
in 1979, entered into force in 1983 and is now accompanied by eight protocols. Fifty-one
parties from three continents have collaborated to set emission reduction targets, monitor
compliance, build capacity and raise awareness. Sulphur dioxide emissions in the region
have declined 70 per cent since 1990, while nitrogen dioxide emissions fell 40 per cent.65
The 1999 Gothenburg Protocol to Abate Acidification, Eutrophication and Ground-level
Ozone, as amended in 2012, is the first legally binding agreement containing obligations to
reduce short-lived climate pollutants.
107. The Aarhus Convention and its Protocol on Pollutant Release and Transfer Registers
provide other examples of effective international instruments. The Aarhus Convention
guarantees three key procedural rights (information, participation and access to justice) and
promotes good practices as means of fulfilling the right to a healthy environment.
108. In response to problems caused by transboundary air pollution, Singapore created a
programme in 2013 to subsidize medical treatment for air pollution-related illnesses
experienced by vulnerable populations including children, the elderly and low-income
residents. Approximately 100,000 people benefited from these medical subsidies.
VI. Conclusions and recommendations
109. Given the devastating impacts of poor air quality on people’s lives, health and
human rights, actions must be taken rapidly and systematically, with a priority focus
on ameliorating conditions for the most vulnerable. Fulfilling the right to breathe
clean air goes hand in hand with achieving the Sustainable Development Goals,
including healthy lives for all, sustainable cities, universal access to clean energy and
effective action to address climate change. A rapid shift away from fossil fuels to
renewables such as solar and wind (except in the context of clean cooking, which often
involves a shift to LPG) could save as many as 150 million lives over the course of the
twenty-first century by reducing air pollution.
110. The failure to respect, protect and fulfil the right to breathe clean air is
inflicting a terrible toll on people all across the world. The statistics presented in the
present report depict a public health catastrophe, yet the numbers fail to capture the
magnitude of human suffering involved. Each premature death, every illness and
every disability afflicts an individual with hopes, dreams and loved ones. Air pollution
is a preventable problem. The solutions − laws, standards, policies, programmes, investments and technologies − are known. Implementing these solutions will of course
entail large investments, but the benefits of fulfilling the right to breathe clean air for
all of humanity are incalculable.
111. In order to respect, protect and fulfil the right to breathe clean air, States must
implement the seven steps outlined in paragraphs 63−78 (monitoring, source
assessment, public information, air quality standards, action plan,
implementation/enforcement and evaluation). States should review existing laws,
64 The regulation in revised annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) limiting the sulphur content of bunker fuel to a maximum of 0.5 per cent will
enter into force on 1 January 2020.
65 Economic Commission for Europe, Towards Cleaner Air: Scientific Assessment Report 2016, 2017.
standards, policies and programmes to determine if they are consistent with their
human rights obligations related to air quality, and amend them if necessary.
112. Specific actions that States should consider as part of the national air quality
action plan include:
(a) Prohibiting the construction of new fossil fuel power plants and
replacing existing fossil fuel power plants with renewable sources of energy (by 2030
in high-income nations and 2050 elsewhere);
(b) Eliminating all remaining fossil fuel subsidies, except for LPG cooking
programmes;
(c) Supporting the growth of distributed renewable energy generation
systems;
(d) Reducing, minimizing or avoiding government actions that cause air
pollution;
(e) Conducting assessments of the environmental, health and human rights
implications of new projects, policies and plans that could cause air pollution;
(f) Disseminating information about best available technologies;
(g) Requiring industry to reduce and eliminate emissions of harmful air
pollutants;
(h) Requiring the oil and gas industry to recover and use methane and other
gases released during the exploration, development and production processes;
(i) Prioritizing emission reductions from high-polluting industrial facilities
such as coke ovens, smelters, refineries, cement plants and brick kilns;
(j) Refusing to issue permits for new polluting facilities or activities in areas
that are air pollution hotspots until air quality in such areas meets national standards
and would continue to meet those standards despite the additional pollution;
(k) Ensuring an integrated approach to tackling air pollution and climate
change to maximize co-benefits;
(l) Promoting compact and mixed-use urban design;
(m) Protecting and expanding urban green spaces;
(n) Prioritizing investments in safe walking, safe cycling and rapid public
transit over infrastructure for private vehicles;
(o) Shifting to cleaner vehicles by strengthening emission standards and fuel
efficiency rules while accelerating the transition to zero emission vehicles;
(p) Implementing building codes, rules and standards that substantially
increase energy efficiency in buildings;
(q) Improving waste management by prohibiting the open burning of
garbage, avoiding incineration and requiring the capture of methane at landfills;
(r) Creating laws, policies and programmes to discourage or prohibit
burning of crop residue or agricultural waste and assist farmers to shift to cleaner
practices;
(s) Lowering ammonia emissions from livestock manure and fertilizer use,
in part by promoting a predominantly plant-based diet;
(t) Educating the public about the adverse health effects of air pollution and
the benefits of implementing solutions;
(u) Using government procurement policies to advance all of the foregoing.
113. All new or amended laws, standards, policies and programmes should
incorporate public participation, with an emphasis on including vulnerable
populations and communities suffering from poor air quality. Accessible, affordable
and effective judicial or quasi-judicial mechanisms are essential for enforcement,
accountability and ensuring remedies are available if the right to clean air is
threatened or violated.
114. States must accelerate programmes to replace solid fuels and kerosene with
cleaner energy and clean technologies. A concerted effort is required to address non-
financial barriers to clean cooking by extending fuel supply infrastructure,
implementing policies to reduce the variability of fuel prices and promoting gender
equity in household decision-making. States must also educate the public about the
adverse health consequences of household air pollution and the availability of cleaner
alternatives. Transitional fuels and technologies may achieve major health gains at a
lower cost, but the end goal is clean fuels and clean technologies, not merely less dirty
ones. States should increase their financing to reduce and eliminate household air
pollution and achieve universal access to clean cooking by 2030
115. Governments, businesses, international agencies and philanthropic foundations
must accelerate their efforts to ensure access to clean energy. High-income countries
should provide economic and technical assistance to low-income countries to support
their efforts to fulfil the right to breathe clean air. The international financial
institutions (e.g. World Bank, International Monetary Fund, Asian Development
Bank and European Investment Bank) must avoid financing projects that will cause
significant increases in air pollution.
116. In order to fulfil their responsibility to respect the human right to breathe clean
air, businesses should:
(a) Make every effort to reduce emissions of air pollutants from their
facilities and supply chains;
(b) Stop delaying the transition away from fossil fuels;
(c) Embrace the extraordinary economic opportunities presented by
renewable energy, energy storage, energy efficiency, clean cook stoves, heating and
lighting and zero emission vehicles;
(d) Contribute to and support efforts to shift towards the goal of a pollution-
free circular economy.